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Scott Graham

Scott Graham

Scott Graham focuses on intellectual property and the U.S. Court of Appeals for the Federal Circuit. He writes ALM's Skilled in the Art IP briefing. Contact him at [email protected].

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August 26, 2022 | Law.com

Skilled in the Art With Scott Graham: The Winds Are Shifting at the PTAB + A New Judge and a New Complaint Get a New Result Against Amazon

USPTO Director Kathi Vidal issued a first-of-its-kind order this week instructing a PTAB panel to reconsider a preliminary order in an America Invents Act proceeding.

By Scott Graham

8 minute read

August 24, 2022 | The Recorder

Stylish Fraud? Font Designer's Suit Tries to Flip the Script Against Online Marketplace

Nicky Laatz alleges that Zazzle surreptitiously bought a $17 single-use license to her "Blooming Elegant" font, uploaded it to its servers, and made it a worldwide hit with consumers without a penny going to Laatz.

By Scott Graham

3 minute read

August 23, 2022 | National Law Journal

How a Shadowy LLC Tried to Play Both Sides of a $2.18 Billion Patent Verdict

Five takeaways from the maneuverings of OpenSky, Patent Quality Assurance, Intel and VLSI Technology in the attempt to take down a massive patent infringement verdict.

By Scott Graham

6 minute read

August 19, 2022 | Law.com

Fish Saves Infant Nutrition Patents From a Premature Death + Cisco and Desmarais Block Bid for $371 Million on Virtualization Patent

A generic competitor called Exela Pharma Sciences' patents on intravenous cysteine hydrochloride frivolous. Judge Maryellen Noreika called them valid and infringed.

By Scott Graham

6 minute read

August 15, 2022 | The Recorder

Nicki Minaj 'Barbie-Que' Chips Are Giving Mattel IP Nightmares

Mattel v. Rap Snacks is part of a surge in trademark litigation detected last week by Law.com Radar.

By Scott Graham

4 minute read

August 12, 2022 | Law.com

Skilled in the Art With Scott Graham: Hologic Comes From Behind to Win on Assignor Estoppel + Juror Homework Puts Kibosh on Apple AirPods Trial

Minerva Surgical won a Supreme Court decision last year narrowing the doctrine of assignor estoppel, but it wasn't enough to unwind a $5 million jury verdict at CAFC.

By Scott Graham

7 minute read

August 10, 2022 | New York Law Journal

No Go! Oprah Sues to Shut Down 'Oprahdemics' Podcast

Despite the largely flattering treatment from two academics, Winfrey's holding company wants to enjoin use of "Oprahdemics" and the O logo, which her IP holding company says is confusingly similar to her own marks.

By Scott Graham

2 minute read

August 09, 2022 | New York Law Journal

Who Got the Work? Kirkland to Help Meta Platforms Fight for Its Name

Partners Dale Cendali and Claudia Ray will fight trademark claims brought by another "Meta" company that says its IP rights are being trampled.

By Scott Graham

2 minute read

August 05, 2022 | National Law Journal

No A.I. Allowed: Named Inventors Must Be Persons, Federal Circuit Rules

Friday's decision likely ends a high-profile legal debate over whether the Patent Office can broaden the definition of "inventor" to accommodate creative machines.

By Scott Graham

3 minute read

August 05, 2022 | Law.com

Skilled in the Art With Scott Graham: What's Top of Mind for the Federal Circuit Bar Association's New Prez? + The Teachers Unions (and Sovereign Wealth Funds) Behind VLSI Technology

Knobbe Martens partner Joe Reisman has his eyes on a crush of appeals that is heading toward the DC-based appellate court.

By Scott Graham

13 minute read